BHARAT SANCHAR NIGAM LIMITEDtender.bsnl.co.in/bsnltenders/bsnltender/download.jsp...BHARAT SANCHAR...

T-83/Tender/Supply/SPV/CTT/2015-16

BHARAT SANCHAR NIGAM LIMITED

O/o TELECOM DISTRICT MANAGER

CHITTORGARH (RAJ.)

TENDER DOCUMENT

TENDER FOR SUPPLY OF SOLAR PANELS (SPV’s) for Chittorgarh SSA

TENDER No T- 83/Tender/Supply/SPV/CTT/2014-15/05 Dated-17-03-2015

COST OF FORM: Rs. 570/- SIGNATURE OF BIDDER WITH SEAL

1


TABLE OF CONTENTS

Section Content Page No.

QUALIFYING BID DOCUMENT

I. Notice Inviting Tender 3

II Tender's Profile 4

III Declaration 5

IV Letter of Authorization 6

V Instructions to Bidders 7-12

VI General Terms & Conditions 13-22

VII Agreement 25

FINANCIAL BID DOCUMENT 26-27

VIII . Price Schedule 27

SIGNATURE OF BIDDER WITH SEAL

2


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Copy to:

1. SDE (Genl.) O/o TDM Chittorgarh For publication NIT in News Papers.

SDE (NW- Planning) O/o TDM Chittorgarh

SIGNATURE OF BIDDER WITH SEAL 2-A


SECTION-I BHARAT SANCHAR NIGAM LIMITED

(A GOVT. OF INDIA ENTERPRISE) Office of Telecom District Manager, Chittorgarh

NOTICE INVITING TENDER No. T-83/Tender/Supply/SPV/CTT/2014-15/05 dated 17-03-2015

Properly sealed tenders (packing PVC tape/ Sealing wax) are invited for and on behalf of

Bharat Sanchar Nigam Limited by the Telecom District Manager Chittorgarh from the eligible

contractors for the following works: - 1. Name of Works: - Tender for supply of Solar Pannel (SPV’s) for Chittorgarh SSA 2. Area of contract : - Chittorgarh SSA S. No. Name of the Zone Tender Cost Cost of Bid document in Rs. Bid Security in Rs.

(Non refundable)

01 Chittorgarh Rs.151800/- 570/- 3795/-

3.Period of contract : One year from the date of agreement (until otherwise specified) 4.Mode of payment : Tender document could be purchased by paying cost of bid document in cash or DD drawn in favour of A O (Cash) BSNL O/o TDM Chittorgarh or may be downloaded from website www.rajasthan.bsnl.co.in : - Sub Divisional Engineer (NW-Planning)

5. Tender document containing detailed % TDM Chittorgarh

Description of work Terms & conditions

can be had from

6. Sale of tender form :- Date 18.03.2015 Time Hrs. 11.00

7. Sale of tender form up to :- Date 07-04-2015 Time Hrs. 16.00

Time 8. Time and date of submission of Bid :- Date 08-04-2015 14.30 Hrs.

Time

9. Time of Bid Opening :- Date 08-04-2015 15.00 Hrs. Eligibility Condition:

i. Tender document(s) & price schedule in original, duly filled in and signed by bidder or his authorized representative along with seal on each page. All corrections and overwriting must be initialed with date by the bidder or his authorized representative.

ii. Attested copy of the registration of the firm. Authenticated copy of partnership deed in cases of partnership firm.

iii. Attested copy of PAN Number & Service tax registration iv. Attested copy of Sales Tax registration/TIN No. if not applicable enclosed declaration that this is

not applicable to my firm. v. Authorization certificate for signing the tender document from limited company/Govt./PSU or copy of

Original/Attested "Power of Attorney" In case person other than the bidder has signed the tender documents. Attested document will be verified with original before finalization of tender.

vi. Self declaration regarding no near relative working in BSNL. vii. Self-declaration that the bidder/firm is not barred from participating in tender anywhere in BSNL. viii. A separate D.D is to be enclosed for cost of tender document if downloaded from the website

www.rajasthan.bsnl.co.in, ix. A Bid Security shall be paid in the form of Crossed Demand Draft issued by a scheduled bank, drawn in

favour of Account officer (Cash), BSNL O/o TDM Chittorgarh The tender which is not accompanied by the requisite bid security, eligibility conditions & terms &

conditions of the tender above, shall liable to be rejected. Tender will not be accepted/received after expiry date & time. The TELECOM DISTRICT MANAGER Chittorgarh reserves the right to reject any or all tenders without assigning any reason what so ever. (Photocopies of all required documents should be attested by Gazetted Officer)

AGM (CFA-I) O/o TDM Chittorgarh

SIGNATURE OF BIDDER WITH SEAL - 3 -

http://www.rajasthan.bsnl.co.in/


SECTION-II

BIDDER’S PROFILE

1. Name of the bidder/firm : ---------------------------------------------------------------------

---------------------------------------------------------------------

2. Name of the person submitting

the tender whose photograph is affixed

Photograph

Shri/Smt. …………………………………..

(In case of Proprietary/Partnership firm, the tender has to be signed by only, as

the case may be)

3. Address of the firm : -------------------------------------------------------------

-------------------------------------------------------------------

4. Telephone No. : Off ------------------ Fax ------------------ Resi ----------

(with STD code)

5. Registration and incorporation particulars of the firm:

i) Proprietorship ii) Partnership iii) Private Limited iv) Public Limited

(Please attach attested copies of documents of registration/incorporation of your firm with the competent authority as required by law) 6. Name of Proprietor/Partner/director: ----------------------------------------------------------------

---------------------------------------------------------------- 7. Tender’s bank,------------------------------------------------------------------------itsaddress:

and his current account number ---------------------------------------------------------------------- 8. Permanent Income Tax ,

Sales TAX number: ------------------------------------------------------------------ (Please attach copies of latest Returns) Place : Date :

Signature of bidder/authorized signatory --------------------------------

Seal of the bidder



SECTION –III

SELF DECLARATION –(A)

I ______________ _______ ____ S/o ____ _____ _________ _______ _______ R/o __________________________ _____________________ hereby certify

that none of my relative (s) as defined below is/are employed in BSNL unit as per details

given in tender document. In case at any stage, if it is found that the information given by

me is false/incorrect, BSNL shall have the absolute right to take any action as deemed

fit/without any prior intimation to me. The near relatives for this purpose are defined as:

(a) Members of a Hindu Undivided family,

(b) They are husband and wife,

(c) The one is related to the other in the manner as father, mother, son(s) &

son's wife (daugher-in-law), Daughter (s) & daughter's husband (son-in-

law), brother (s) & brother's wife, sister (s) & sister's husband (brother-in-

law).

Signature of Bidder with seal

SELF DECLARATION –(B)

I ______________ _______ ____ S/o ____ _____ _________ _______ ____ R/o ________________ ___________ _____________________________ hereby certify that M/s _________ _________ ___________ Address ________ ________ ___________________ is not barred from participating in bidding process

in BSNL.

Signature of Bidder with seal



SECTION-IV

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

Tender Number ..............................................................................................................

Subject : Authorised for attending bid opening on ........................................ (date) in the tender of ..........................................................................................................................

Following persons are hereby authorised to attend the bid opening for the tender mentioned above on behalf of ....................................................................................................................... (Bidder) in order of preference given below .

Order of Preference Name Specimen Signatures

I

II

Alternate Representative

Signature of bidder

or Officer authorised to sign the bid documents on behalf of the bidder.

No. 1. Maximum of two representatives will be permitted to attend bid opening. In

cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular

representatives are not able to attend. 2. Permission for entry to the hall where bids are opened may be refused in

case authorization as prescribed above is not produced. SIGNATURE OF BIDDER WITH SEAL - 6 -


SECTION -V

INSTRUCTION TO BIDDERS A DEFINITIONS

The definition of terms used in this document are as under

i CONTRACT means the documents forming the tender and acceptance thereof and the formal

agreement executed between the BSNL here and after referred as TDM Chittorgarh and the contractor together with the documents referred to there in including the conditions of contract, the specifications designed drawings and instructions issued from time to time by the TELECOM DISTRICT MANAGER CHITTORGARH. All these documents taken together shall be deemed to form on contract and shall be complementary to one another.

ii TELECOM DISTRICT MANAGER CHITTORGARH or any officer authorized by him on his behalf iii The Bidder means the individual of firm who participates in the tender and submits his/its bid.

B Bid Document

The Bidder is expected to examine all instructions, forms, terms and specifications in the bid documents. Failure to furnish all information required as per the Bid Document or submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder's risk and shall result in rejection of the bid.

1. QUERIES ON BID DOCUMENTS:

A prospective bidder, requiring any clarification of the Bid Documents shall notify the Department in writing or by fax or cable at the department's mailing address indicated in the invitation for Bids. The department shall

respond in writing to any request for clarification of the Bid Documents, which it receives not later than 7 days

prior to the date for the opening of the bids. Copies of the query (without identifying the source) and the

clarifications by the department shall be sent to all the prospective bidders who have purchased the bid

documents and all such clarifications issued by the Department will form part of the bid document. 2. AMENDMENT OF BID DOCUMENTS:

2.1 At any time prior to the date for submission of bids, the department may, for any reason whether

suo motto or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments.

2.2 The amendments shall be notified in writing or by telex or FAX to all prospective bidders on the

address intimated at the time of purchase of bid document from the department and these amendments will be binding on them.

2.3 In order to afford prospective bidders reasonable time to take the amendments into account in

preparing their bids, the department may, at its discretion, extend the deadline for the submission/opening of bids suitably.

C. PREPARATION OF BIDS

The bidder shall bear all costs associated with the preparation and submission of the bid. The department, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

3. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICAITONS:

The bidder shall furnish, as part of his bid document documents:

I. Tender document(s) & price schedule in original, duly filled in and signed by bidder or his authorized

representative along with seal on each page. All corrections and overwriting must be initialed with date by the bidder or his authorized representative.

II. Attested copy of the registration of the firm. Authenticated copy of partnership deed in cases of partnership firm.

III. Attested copy of PAN Number. IV. Attested copy of Sales Tax registration/TIN No. V. Attested copy of Service Tax registration.



VI. Authorization certificate for signing the tender document from limited company/Govt./PSU or copy of Original/Attested "Power of Attorney" In case person other than the bidder has signed the tender documents. Attested document will be verified with original before finalization of tender

VII. Self declaration regarding no near relative working in BSNL. VIII. Self-declaration that the bidder/firm is not barred from participating in tender anywhere in BSNL. IX. Bid Security in accordance with clause 4 (i). X. Bidder's profile duly filled in, as per section II of the tender document.

4. BID SECURITY:

i. The bidder shall furnish, as part of his bid, a bid security (EMD) as per NIT. No interest shall be paid by the department on the bid security for any period, what so ever.

ii. The bid security is required to protect the Department against the risk of bidders conduct, which

would warrant the security's forfeiture, persuant to Para 5

iii. Bid Security shall be paid in the form of Crossed Demand Draft issued by a scheduled bank, drawn in favour of Account officer (Cash), BSNL O/o TDM Chittorgarh

iv. A bid not secured in accordance with Para 4(i) & (iii) above shall be rejected by the Department

as non-responsive.

v. The bid security of the unsuccessful bidder will be refunded as promptly as possible as but not

later than 30 days after the expiry of the period of bid validity prescribed by the Department.

vi. The successful bidder's bid security will compulsorily be converted to part Performance security deposit in accordance with clause 6 Section VI.

5. The bid security shall be forfeited:

i. If a bidder withdraws his bid during the period of bid validity specified in the bid document or

ii. If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to the department or

iii. In case of a successful bidder, if the bidder fails : a) to sign the agreement in accordance with clause 21, or b) to furnish Performance Security Deposit in accordance with clause 6 of Section VI.

6. BID PRICES:

6.1 The bidder shall give the total composite price inclusive of all levies and taxes except service tax

if any, insurance in case of supply to be executed. The contractor shall be responsible for transporting the materials, to be supplied by the department (At the district Telecom Store) or otherwise to executive the work under the contract, to site at his/their own cost. The costs of transportation are subsumed in the standard schedule rates and therefore no separate charges are payable on this account. The offer shall be firm in Indian Rupees.

6.2 Before tendering the contractor has to assess the quantum of maintenance work involved by physical inspection at site with SDE Incharge or authorised representatives. For the purpose of inspection of site & relevant document the contactor is required to contact SDE/SDO incharge concerned, who shall give reasonable facilities for inspection of the same. The contractor shall inspect & examine the site & its surroundings & shall satisfy himself as to the form nature of site. The quantities & nature of work, materials necessary for completion of the work, the means of assess to the sight in general shall himself obtain all necessary information as to the risk contingencies & other circumstances which may influence or affect his work. No extra charges consequent on any misunderstanding or otherwise shall be allowed.

6.3 It is mandatory to quote the prices for each item cited in the Price Schedule. The Price

shall be quoted by the bidder as per the schedule of rates given in schedule of rates (Financial Bid). Prices quoted at any other place shall not be considered.

6.4 The price quoted by the bidder shall remain fixed during the entire period of contract and shall

not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

6.5 Discount, if any, offered by the bidders shall not be considered unless they are specifically

indicated in the schedule of rates (financial Bid). Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply, etc into account.



7. PERIOD OF VALIDITY OF BIDS:

7.1 Bid shall remain valid for 240 day from date of opening of the bid (Qualifying Bid). A BID VALID

FOR A SHORTER PERIOD SHALL BE REJECTED BY THE DEPARTMENT AS NON-RESPONSIVE.

7.2 The Department reserves the right to request the lowest 3 bidders as per read out list on the

opening day to extend the bid validity for a period of further 120 days and the bidder has to necessarily extend the bid validity. Refusal to extend the bid validity will result in forfeiture of the bid security. A bidder accepting the request and extending the bid validity will not be permitted to modify his bid.

8. SIGNING OF BID:

8.1 The bidder shall submit, as a part of his bid, the bid documents (in original) duly signed on each and

every page, establishing the conformity of his bid to the bid documents of all the supply to be executed by the bidder under the contract. (Note: The bidder is advised to keep a photocopy (at his own cost) of the bid documents for his own reference.)

8.2 The bid shall contain no inter-lineation, erasures or overwriting except as necessary to correct

errors made by the bidder in which case such corrections shall be signed with date by the person or persons signing the bid.

D. SUBMISSION OF BIDS

9. Method of preparation of bid:

9.1 Bid for each tender should be submitted in three envelopes placed inside a main cover. These

envelops should contain the following :

Envelope Marked on the Cover Contents of Envelope First Bid Security Containing Bid security as per clause 4(i) & cost of tender document if

downloaded from website Second Qualifying Bid Containing documents as per clause 3 except bid security Third Financial Bid Rates duly quoted by the bidder in the prescribed format.

On all envelopes the name of the firm and whether "Bid Security" OR "Qualifying" OR "Financial" bid must be

clearly mentioned and should be properly sealed (with sealing wax/Packing PVC tape). These envelopes are to

be placed inside an outer envelope and properly sealed (with sealing wax/Packing PVC tape). The tenders

which are not submitted in above-mentioned manner shall be summarily rejected. 9.2 All envelopes (3 inner & one outer) must bear the following ;

ENDER FOR SUPPLY O F SO LAR PANELZONE S (SPV’S) GW

TENDER No T-83/Tender/Supply/SPV/CTT/2014-15/05 Dated-17.03.2015

9.3 The bidder will be bound all terms, conditions & specifications as detailed in the tender documents.

9.4 Any tender with conditions other than those specified in the tender document is liable to be

summarily rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened.

10. SUBMISSION OF BIDS:

10.1 Tenders should be dropped in person in the tender box placed in the office of AGM (NW-Planning) % TDM Chittorgarh, before the closing (date & time) of tender, as mentioned in NIT. The bidder is to insure the delivery of the bids at the correct address. The department shall not be held responsible for delivery of bid to the wrong address. The slit of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented in person after the sealing of box will not be received by the TDM Chittorgarh or by any of the subordinates or will not be allowed to be deposited in the tender box.

10.2 Postponement of Tender opening: Whenever it is considered necessary to postpone the opening date of tenders, quick decision must be taken and communicated to the bidders who have



purchased the tender documents and shall be at least one day before the original date of opening. The reasons for postponing the tender shall be recorded in writing. Such notice of extension of date of opening shall also be put-up on the notice board and also published in the newspapers in which original NITs have been published. If the date of opening of bids is declared as holiday, the bids will be opened on the next working date at the same time and venue.

10.3 The BSNL if subsequently declares date fixed for opening of bids as holiday, the revised schedule will notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered.

11. LATE BIDS:

11.1 Tenders will not be received after the specified time of closing of the tender and the same shall

be rejected and returned unopened to the bidder. It is sole responsibility of the bidder that he should ensure timely submission of tender.

12. MODIFICATIONS AND WITHDRAWL OF BIDS:

12.1 The bidder may modify or withdraw his bid after submission and before opening provided that

the intimation is deposited by the bidder in a properly sealed envelope (With Wax/Packing PVC tape) in the tender box, before the scheduled time & date for closing of tender.

12.2 No bid shall be modified subsequent to the deadline for submission of bids. E BID OPENING AND EVALUATION: 13. OPENING OF BIDS BY THE DEPARTMENT:

13.1 The department shall open the bids in the presence of bidders or his authorized representatives who choose to attend, on due date and time. The bidder's representatives, who are present, shall sign an attendance register. The bidder shall submit authority letter to this effect before they are allowed to participate in the bid opening (A format is given in bid document Section IV).

13.2 A maximum of two (2) representatives for any bidder shall be authorized and permitted to attend the bid opening.

13.3 The Bids shall be opened in the following manner: 13.4 The bid opening committee shall count the number of bids and assign serial numbers to the bids.

For example, if 10 tenders have been received the bids shall be numbered as 1 of 10, 2 of 10 etc. All the members shall initial on the outer envelopes of all the bids with date.

13.5 The envelopes containing the tender and not properly sealed, as required vide para above shall not be opened and shall be rejected outright closing the cover by gum will not be treated as sealed cover. The reasons for not opening such tender offers shall be recorded on the face of the envelope and all the members of bid opening committee shall initial with date.

13.6 First the outer envelope containing the three envelopes be opened. The bid opening committee shall initial on all three envelopes with date.

13.7 Among these three envelopes, the envelope marked "BID SECURITY" shall be opened first and examined.

13.8 The bidders who submitted proper bid security as per tender document, their "QUALIFIED BID" shall be opened and paper/documents submitted by the bidder shall be examined and recorded by the TOC. After opening the qualifying bid, all the documents contained therein shall be serially numbered and signed by the bid opening committee members.

13.9 After recording of the "Qualifying Bid" the TOC will place all the Financials bids submitted by the bidder in an envelope and will seal it with a was for keeping in safe custody.

13.10 The TEC will evaluate the Qualifying Bid & submit reports for responsive bidders. 13.11 The Financial Bid shall be opened in the following manner:

13.11.1 The envelope marked "Financial Bid” will b in "Qualifying-bid".

13.11.2 The date and time of opening of "Financial bid" shall be conveyed to all the bidders who have qualified in Qualifying Bid and their representative shall be allowed to attend the financial bid opening.

13.11.3 After opening the "Financialbidprices, modifications,Bid"the bidd bid withdrawals and such other details as the Department, at its discretion, may consider appropriate; will be announced at the opening. 13.11.4 In case there is discrepancy in figures and words in the quote, the same shall

be announced in the bid opening, but the quote in words shall prevail. 14. CLARIFICATION OF BIDS BY THE DEPARTMENT:

To assist in examination, evaluation and comparison of bids, the Department may, at its discretion ask the



bidder for clarification of its bid. The request for its clarification and its response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.

15. PRELIMINARY EVALUATION:

15.1 Department shall evaluate the bids to determine whether they are complete, whether any

computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

15.2 If there is discrepancy between words and figures, the amount in words shall prevail. If the Contractor does not accept the correction of the errors, his bid shall be rejected.

15.3 Prior to the detailed evaluation, pursuant to clause 3, the Department will determine the substantial responsiveness of each bid to the bid document. For purpose of these clauses a substantially responsive bid is one, which conforms to all the terms and conditions of the bid documents without deviations. The Department's determination of bids responsiveness is to be based on the contents of the bid it self without recourse to extrinsic evidence.

15.4 A bid determined as substantially non-responsive will be rejected by the department and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

15.5 The department may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of the bidder.

16. EVALUATION AND COMPARISION OF SUBSTANTIALLY RESPONSIVE BIDS:

16.1 The department shall evaluate in detail and compare the bids previously determined to be

substantially responsive pursuant to clause 15.

16.2 The evaluation and comparison of responsive bids shall be on the rates offered and indicated in

schedule of rates of the bid documents. The tender will be evaluated on the basis of lowest total composite price.

17. CONTACTING THE DEPARTMENT:

17.1 Subject to clause 14 no bidder shall try to influence the department on any matter relating to its

bid, from the time of bid opening till the time the contract is awarded.

17.2 Any effort by the bidder to modify his bid or influence the department in the departments bid evaluation, bid comparison or the contract award decisions shall result in the rejection of the bid.

18. AWARD OF CONTRACT:

18.1 The department shall consider award of contract only to those eligible bidders whose offers

have been found technically, commercially and financially acceptable.

18.2 The work against the tender is for one year's requirement and the terms and conditions of this

tender shall be operative for a period of one year from the date of signing of agreement between the department and the contractor.

19. DEPARTMENTS RIGHT TO VARY QUANTUM OF WORK:

The Department, at the time of award of work under the contract, reserves the right to decrease or increase the work by up to 25% of the total quantum of work specified in the schedule of requirement without any change in the rates or other terms and conditions.

20. DEPARTMENT'S RIGHT ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

The department reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason what-so-ever and without thereby incurring and liability to the affected bidder or bidders on the grounds for the department's action.

21. ISSUE OF LETTER OF INTENT:

21.1 The issue of letter of intent shall constitute the intention of the department to enter in to the contract

with the bidder. Letter of intent will be issued as offer to the successful bidder. SIGNATURE OF BIDDER WITH SEAL - 11 -


21.2 The bidder shall with in 10 days of issue of letter of intent, give his acceptance along with Performance security deposit in conformity with clause 6 of Section VI, provided with the bid documents.

22. SIGNING OF AGREEMENT

22.1 The signing of agreement shall constitute the award of contact on the bidder. The agreement

with the successful bidder shall be signed by the department with in a week of submission of performance security deposit as per clause 21.2 above. The successful Bidder will have to execute an agreement on a non judicial stamps paper of Rs. 100.00 (Rupees One Hundred only), (The cost of stamp to be borne by the Bidder) in the prescribed form to the effect that the Bidder and TELECOM DISTRICT MANAGER CHITTORGARH are bound by terms and conditions in the agreement which in turn will be the same terms and conditions as mentioned in tender document and final negotiation if any. The agreement duly stamped is to be registered, as per provisions of the registration Act in force at the cost of Bidder authority.

22.2 As soon as the tender is approved by the competent authority, the Bid security deposited by the

successful bidder shall be compulsorily converted in to the Performance security deposit, which will be held by the department till the completion of warranty period.

22.3 The agreement will be normally for one year and can be extended on discretion of the

competent authority for six month and further extension of six months can be given on mutual consent. The period of agreement can be less than one year also which may be further extended on satisfactory performance. Extension will always be given on same rates and same terms and condition of the tender.

22.4 The department / head of SSA reserves the right to increase/decrease the quantity & amount

of the tender on the same terms & condition, rates & specifications etc. , by 25 % if it is in the interest of the department/ BSNL with the concurrence of IFA / Competent authority as applicable with the consent of contractor.

23. ANNULMENT OF AWARD:

Failure of the successful bidder to comply with the requirement of Section VII shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event; the department may make the award to any other bidder at the discretion of the department or call for new bids.



SECTION –VI GENERAL TERMS & CONDITIONS

1. INTERPRETATION OF THE CONTRACT DOCUMENT

The Competent Telecom Authority and the Contractor shall in so far as possible by mutual consultation try and decide upon the meaning and intent of the Contract Document. In case of disagreement the dispute will be referred to the Sole Arbitrator as provided in the Contract. Any change in the Contract Document shall be set forth in writing by the representative of the parties hereto. It shall be the responsibility of both the parties to this contract to thoroughly familiarize all of their supervisory personnel with the contents of this Contract Document.

2. TAXES AND DUTIES

Contractor shall pay all rates, levies, fees, royalties, taxes and duties payable or arising from out of, by virtue of or in connection with and/or incidental to the Contract or any of the obligations of the parties in terms of the Contract Documents and/or in respect of the supply or operation(s) or any part thereof to be performed by the Contractor and the Contractor shall indemnify and keep indemnified the BSNL/ Department from and against the same or any default by the Contractor in the payment thereof.

3. PRICE ESCALATION

The Bharat Sanchar Nigam Limited shall not be responsible for any escalation in prices of labour or materials,

machinery, equipment etc. what-so-ever or any increase in any duties, levies, or taxes in respect thereof

whatsoever and the Contractor rates and Contractor's obligation shall remain unaffected by such escalation

and/or increase. However if during the execution of the contract any decrease in rate of material the same will

pass to the purchaser. In case the delayed supply after delivery period, increase sales tax and excise duty shall

be borne by the contractor along with the liquidated damages as per the contract. 4. NOTIFICATION BY CONTRACTOR

The Contractor shall give in writing to the proper person or authority with a copy to the TDM Chittorgarh such notification as may be mandatory or necessary in connection with the commencement, suspension, resumption, performance and/or completion of the contracted work. All notices shall be given sufficiently in advance of the proposed operation to permit proper co-relation of activities and the Contractor shall keep all proper persons or authorities involved regularly advised of the progress of operations through out the performance of the work together with such other information and/or supporting figures and data as may from time to time as directed or required.

5. QUALITY OF WORK

The TDM Chittorgarh/Competent Telecom Authority shall be the final judge of the quality of the work and the satisfaction of the standards in respect thereof set forth in the contract documents. Laxity or failure to enforce compliance with the contract documents by the Competent Telecom Authority and/or its representative shall not manifest a change or intent of waiver, the intention being that, notwithstanding the same, the Contractor shall be and remain responsible for complete and proper compliance with the contract documents and the specification therein. The Competent Telecom Authority has the right to prohibit the use of men/women and any tools; materials or equipment's which in his opinion do not produce work or performance meeting the requirement of the Contract Documents.

6. PERFORMANCE SECURITY DEPOSIT

The successful Bidder shall within 10(Ten) days of receipt of intimation of acceptance of this tender deposit security deposit of 10% (2.5% EMD Converted to SD + 7.5%) of the value of work awarded, in cash/DD/Bank guarantee in favour of Accounts Officer (Cash) BSNL O/o TDM Chittorgarh.

Security deposit will not earn any interest for any period whatsoever. Security deposit will be returned after one month of the successful completion of the contract as certified by the competent authority of BSNL and after deducting the dues, if any, payable to the BSNL. In the event of any breach of any terms and conditions of the contract, the contract will be terminated and security deposit will be forfeited to the BSNL. No interest shall be paid on amounts payable to the contractor under this contract.



The bank guarantee furnished as security deposit should be valid for a period of not less than eighteen months from the date of agreement. If required the period of validity can be decided by TELECOM DISTRICT MANAGER CHITTORGARH for period considered being suitable for a particular tender.

All the compensation or other sum of money payable by the contractor under the terms of this contract may be deducted from the security deposit or from any sum which may be due or may become due to the contractor by the BSNL on any account whatsoever and in the event of his security deposit being reduced by reason of any such deductions, the contractor shall within ten days make good in cash the amount required to make good in full, the security deposit. Otherwise, the said balance in full shall be collected from the running bill of the contractor.

7. DISTRIBUTION OF WORK

7.1The TDM Chittorgarh shall have the sole discretion in determining the number of Contractors on whom the work orders shall finally be placed. If multiple bids are accepted, the terms and conditions offered to the lowest shall also apply to the higher bids.

7.2 General policy of distribution

Number of Bidders on whom proposed quantity of Distribution the order is proposed to be placed

2 L-1 would get 70% L-2 would get 30% (Work to L2 would be given at the Rate of L1, if agreed by L2)

7.3 However, the TDM Chittorgarh reserves the right for the placement of order of entire tendered

quantity on the bidder with the lowest evaluated price. He will also have to work which have been not taken over by any body and left over after starting the work during any time of the contract.

7.4 BSNL reserves the right to depart from the above guidelines for distribution of order quantities amongst successful bidders depending upon the urgency and other factors prevailing at the time of evaluating the bids. 100% work/supply can also be given to lowest bidder.

8. PAYMENT TERMS:

(a) 95% Payment of the procurement cost shall be made on receipt of satisfactorily display report from the Consignee. For claiming this payment, the following documents are to be submitted to the paying authority.

a. Invoice in duplicate along with advanced stamped receipt. b. Original D/C duly signed by the consignee. c. Photo copy of PO. d. Proof of payment of Octroi/Entry tax if any

(b) The balance 5% payment shall be released within 6 months from the date of supply of the tendered item in case there are no damages/shortages. In those cases, when such shortages/damages are intimated to the Supplier in writing, the balance payment shall be released only after the cases are settled in accordance with the provisions of the Purchase Order.

(c) 100% Payment (in place of 95%) may be made on submission of bill, provided that an additional Bank Guarantee for an amount equivalent to 5% of the value of supplies valid for a minimum period of 7 (seven) months is furnished by the supplier along with an undertaking that the goods/stores supplied shall be free from damages/shortages. In those cases, where, such shortages/damages are intimated to the supplier in writing, the Bank Guarantee shall be extended without fail by the supplier for a suitable period at the request of the Purchaser in writing. Failure to do so shall result in forfeiture of the Bank Guarantee. The Bank Guarantee will be released only after the cases are settled in accordance with the provisions available in the Bid Documents/purchase Order. In case where the additional Bank Guarantee for 5% is not provided, then the payment will be settled as per clauses (b) mentioned above.

(d) Liquidated damages for delay in supply may be recovered by the BSNL authority from the bills submitted for payment.

(e) Income Tax from the bill which has been passed will be deducted as tax at source under relevant Income tax rules.

(f) The contractor shall not be justified in abandoning the contract on such ground that BSNL has delayed making payment(s) in respect of previous bills for supply.



(g) The AGM shall exercise the prescribed checks on the bills and accord necessary certificates on the bills. The AGM shall retain the third copy in record maintained in his office and send first and second copies with all documents to works section of planning cell for processing of bills and release of payment.

(h) The work section of Planning Cell shall process the bills in the file of the concerned work and scrutinize the

bills vis-à-vis work order issued, sanctioned provisions etc. The bill shall be passed, after necessary scrutiny by

the officer competent to pass the bill. Account payee cheque for the amount passed in the bill will be issued only

after the contractor gives a stamped receipt for the amount, if the bills are not pre-receipted. Details of payment

of all the bills shall be entered into contract's register of the Planning Cell.

(i) The service tax shall be paid along with the bill. The agency must get it registered with Service Tax Authority and furnish the registration number.

9 WARRANTY:

In addition to any and all other guarantee and warranty mentioned in the contract document, the Contractor shall warrant that the Goods to be supplied shall be new and free from all defects and faults in material, workmanship and manufacture, and shall be of the highest grade and consistent with the established and generally accepted standards for the Goods of the type ordered and shall perform in full conformity with the specifications and drawings. The contractor shall be responsible for any defects that may develop under the conditions provided by the contract and under proper use, arising from faulty material, designs or workmanship such as corrosion of the Goods, inadequate quantity of material to meet Goods requirements, inadequate Contact protection, deficiencies in circuit design and/or otherwise, and shall remedy such defects at his own cost when called upon to do so by the Purchaser who shall state in writing in what respect the Goods are faulty. This warranty shall survive inspection or payment for, and acceptance of Goods, but shall expire except in respect of complaints notified prior to such date; twelve months after the Goods have been taken over. If it becomes necessary for the contractor to replace or renew any defective portion(s) of the Goods under this clause, the provisions of the clause shall apply to the portion(s) of Goods so replaced or renewed or until the end of above mentioned period of twenty four months, whichever may be later. If any defect is not remedied within a reasonable time, the Purchaser may proceed to do the work at the contractor's risk and expense, but without any prejudice to any rights, which the Purchaser may have against the contractor in respect of such defects.

10 PATENT RIGHT

The Contractor shall fully indemnify the Bharat Sanchar Nigam Limited against any action, claim or proceeding relating to infringement Or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any article or part thereof included in the contract. In the event of any claims made under or action brought against Bharat Sanchar Nigam Limited in respect of any such matters as aforesaid, the contractor shall be immediately notified thereof and the contractor shall be at liberty at his own expenses to settle any dispute or to conduct any litigation that may arise there from provided that the contractor shall not be liable to indemnify the Bharat Sanchar Nigam Limited in the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Purchaser on this behalf

11 SUBMISSION OF SAMPLES

Wherever necessary at sole discretion of The Purchaser, the Contractor shall supply/manufacture a `Master sample' and get this approved by an Purchaser's inspector who will carry out technical verification of measurements, quality of materials and all other necessary test etc. After the master sample is approved by the Inspector, it will be marked as `Approved Sample’ and will be contractor/ Purchaser till the purchase order is executed fully. All bulk supply shall conform to the `Approved Sample', failing which; the Goods will be rejected at the risk and cost of the contractor. In such an event, the contractor shall make fresh supplies at his own cost as replacement to those rejected material conforming to the Approved Sample. Failing which purchaser may be cancelled the agreement & SD/EMD of the supplier will be forfeited.

12 CONSIGNEE'S RIGHT FOR REJECTION

Although, pre-dispatch inspection is carried out by the Purchaser's Inspector, the consignee shall have the right to reject the supply within the period of warranty from the date of taking over certificates, if the Goods supplied do not conform to the standard specifications of contract and in such an event, fresh replacement supply shall be made by the contractor at

Purchaser's site within a reasonable time specified by the Purchaser, at the cost of the supplier.



13 DESPATCH AND DELIVERY

13.1 All the Goods covered by this contract will be inspected/tested by the Purchaser's Inspector after

its manufacture and prior to its dispatch. The contractor shall therefore give seven days advance intimation to the Purchaser. The Goods shall be dispatched only after pre-dispatch inspection is carried out and an authorization for dispatch release is obtained from the Purchaser's inspector.

13.2 Delivery of the Goods shall be made by the contractor in accordance with the terms specified by

the Purchaser in its Schedule of Requirements, and the Goods shall remain at the risk of the contractor until delivery has been completed. The delivery of the Goods shall be to the ultimate consignee as given in the purchase order.

13.3 The technical Specification of Solar Pannel 5W(WS-5) Solar panel with following ratings is used in the controller 1. Vmp 17.0 volts

2. Imp 0.29 Amps Technical Specification of charger controller Output voltage : 8.3 V ,500 mA Input (Solar) : 9.6 V –18.0 V Input (Adapter) : 9.6 V –12.0 V Battery : 7.2 V 2150 mAH(LG Make battery 3.6 V*2)

(Part No.ICR1865OS2-2200 mAH) 13.6 The consignee’s copy of the lorry receipt may be s so as to enable the consignee to received

the goods the contractor shall furnished the following dispatch particulars to the consignee well in advance for receipt of goods:-

Invoice Delivery Challan R/R Goods Carrier Receipt Contractor’s Certificate of dispatch Approval of Road dispatch Excise gate pass Inspection report from competent authority Truck No. & name of the carrier Approximate date & time of arrival Number of packages & dimensions of each packages &

14. INSURANCE

Without limiting any of his other obligations or liabilities, the Contractor shall, at his own expense, take and keep comprehensive insurance including third party risk for the plant, machinery, materials, etc.

brought to the site and for all the work during the execution. The Contractor shall also take out workmen's compensation insurance as required by law and undertaken to indemnify and keep indemnified the Department from and against all manner of claims and demands and losses and damages and cost (including between attorney and clients) charges and expenses that may arise in regard to the same or that the Department may suffer or incur with respect to and/or incidental to the same. The Contractor shall have to furnish originals and/or attested copies as required by the Competent Telecom Authority of the policies of insurance taken within seven days of being called upon to do so together with all premia receipts and other papers related thereto which the Competent Telecom Authority may require.

15. COMPLIANCE WITH LAWS AND REGULATIONS

During the performance of the supply the Contractor shall at his own cost and initiative fully comply with all applicable Laws of the Land and with any and all applicable By-laws, Rules, Regulations and Orders and any

other Provisions having the force of Law made or promulgated or deemed to be made or promulgated by any

Government, Governmental agency or Department, Municipal Board, Government or other regulatory or

Authorized Body of persons and shall provide all certificates of compliance therewith as may be required by such applicable Law, By-laws, Rules, Regulations, Orders and/or Provisions. The Contractor shall assume full

responsibility for the payment of all contributions and payroll taxes, as to his employees, servants or agents

engaged in the performance of the work specified in the Contract Documents. If the Contractor shall require any

assignee or sub-contractor to whom any portion of the work to be performed hereunder may be assigned, sub leased or sub Contractor to comply with the provisions of the Clause and in this connection the Contractor

agrees as to undertake to save and hold the Department harmless and indemnified from and against any/all penalties, actions, suits, losses and damages, claims



and demands and costs (inclusive between attorney and client) charges and expenses whatsoever arising out of occasion, indirectly or directly, by failure of the Contractor or any assignee or sub-contractor to make full and proper compliance with the said By-laws, Rules, Regulations, Laws and Order and Provisions as aforesaid.

16. The Contractor shall comply with all provisions of the "Payment of wages Act 1936, Minimum Wages Act

1948, Employees Liability Act 1938, Workmen's Compensation Act 1923, Industrial Disputes Act 1947, Maternity Benefits Act 1961, and the Contractor Labour (Regulation and Abolition) Act 1970 or the modifications thereof or any other laws relating thereto and the rules made there under from time to time. The Contractor shall indemnify Department against payments to be made under for the observance of the Laws aforesaid notwithstanding his right to claim indemnity from his sub-Contractors. The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be a breach of this contract.

17. INSOLVENCY OR DEATH OF CONTRACTOR

In the event of the Contractor being adjudged insolvent or going voluntarily into liquidation or having received order or other order under Insolvency act made against him or, in the name of a Company or, the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the Contractor failing to comply with any of the conditions herein specified, the Competent Telecom. Authority shall have the power to terminate the contract without previous notice.

18. Contractor's heirs/representatives shall, without the consent in writing of the Competent Telecom Authority,

have the right to continue to perform the duties or engagements of the Contractor or under the contract in case

of his death. In the event of the Contractor, with such consent aforesaid, transferring his business, and in the

event of the Contractor being a company and being wound up any time during the period of this contract for the

purpose and with the object of transferring its business to any persons or a company, the Contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other

person or company, shall continue to perform the duties or engagements of the Contractor under this contract

and be subject to his liabilities there under. Proof of Death and other relevant documents to this effect shall be

submitted to the Competent Telecom Authority in writing.

19. Without prejudice to any of the rights or remedies under this contract, if the Contractor dies, the

Competent Telecom Authority on behalf of the BSNL shall have the option of terminating the contract without compensation to the Contractor, which does not amount to Breach of the contract.

20. SUB-CONTRACTS

The Contractor shall not assign, sub-contract or sublet the whole or any part of the work covered by the contract or any benefit thereof without the prior written approval of the Competent Telecom Authority. Copies of all agreements entered into with any permitted sub contractor including rates for item of work of sub contract shall be furnished, to obtain in writing, prior approval of the Competent Telecom Authority before the sub Contractor or the agent or the assignees as the case may be allowed under the contract.

21. The Competent Telecom Authority reserves the right to refuse or permit any person or organization or sub-

contractor to participate in the supply covered by the contract. The assignment or sub-contracting or sub-letting of any such work, if permitted by the Competent Telecom Authority shall not relieve the Contractor of any of his

liabilities and responsibilities hereunder, the intention being that notwithstanding any assignment or sub-letting

or sub- contracting, the Contractor shall be and remain primarily and principally liable to the Department in terms hereof and for the due fulfillment of the contracted supply, any assignee or sub-contractor being regarded merely as the agency of the Contractor.

22. Each assignee and sub-contractor shall be covered by the contract documents and shall perform the work,

which he takes up in accordance with the same. The Department will have the same privileges and rights with respect to the inspection of work of assignees or sub-contractors as are provided for under the Contract Documents governing the work of the Contractor. As assignee or sub-Contractor shall provide insurance of the same type and limits as required of the Contractor.

23. The Contractor shall indemnify, and save harmless the Department from and against all actions, suits,

proceedings, costs, damages, charges, claims and demands what so ever, either in law or in equity and all costs (inclusive between attorney and client) and charges and expenses that the Department may sustain suffer or incur arising from or out of or incidental (to in connection with any act(s) or commission) of the Contractor, his agents, employees, assignee or sub- contractor. The provision shall also apply to the sub-contractor or assignee as the case may be.



24. If contractor without written approval of Competent Telecom Authority, assign or sublet his contract,

or attempt so to do, or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt so to do, or if any bribe gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, shall either directly, or indirectly, be given, promised or offered by the Contractor, or any of his servants or agent to any public officer or person in the employ of BSNL in any way relating to the office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the contract, the Competent Telecom. Authority shall have power to adopt any of

the courses specified in the tender document as he may deem suited in the interest of BSNL.

25. Where the Contractor is a partnership firm, the previous approval in writing of the Competent Telecom Authority shall be obtained before any change is made in the constitution of the firm. Where the Contractor is an individual or a Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the Contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the work hereby undertaken by the Contractor. If previous approval as

aforesaid is not obtained, the contract shall be deemed to have been assigned in the contravention of the agreement thereof and the appropriate action may be taken by the Competent Telecom Authority according to rules as deemed fit.

26. LABOUR WELFARES

27. In respect of labour directly or indirectly employed in the work for the performance of the contractor's part

of this agreement, the contractor shall at his own expense arrange for the safety provisions as per safety code framed from time to time and shall at his own expense provide for all facilities in connection therewith. In case the contractor fails to make arrangement and fails to provide necessary facilities as aforesaid, Competent Telecom Authority shall be at liberty to make arrangement and provide facilities as aforesaid and recover the costs incurred in that behalf from the contractor.

28. PENALTY CLAUSE: 28.1 Delays in the contractor's performance:

28.1.1 The time allowed for completion of the work as entered in the tender shall be strictly adhered by the contractor and shall be deemed to be the most important aspect of the contract on the part of the contractor and shall be reckoned from Seventh day from issue of work order by the Department. The work shall, throughout the stipulated period of contract, be proceeded with all due diligence to throughout the stipulated period of contract, be proceeded with all due diligence to achieve the desired progress uniformly, and the contractor shall pay as penalty an amount equal to 1.0 (one) percent of the amount (minimum Rs. Five per week) of the incomplete work for every one week of delay in completion of work, subject to a maximum of 10 (ten) percent of the cost of the work awarded/ordered.

28.1.2 On any date the penalty payable as above, reaches 10 (ten) percent of the estimated value of the work, the contractor should proceed with the work further only on getting a written instructions from the AGM that, he is allowed to proceed further with the work. It will be in the discretion of the AGM to allow the contractor to continue with the work on the basis of any written agreement reached between the contractor and the AGM one of the conditions of such agreement may be a stipulation for the contractor to agree for realization of penalty for delay at a higher rate as may be agreed between the AGM and contractor.

28.1.3 Penalty for delay in completion of the work shall be recoverable from the bills of the contractor and/or by adjustment from the security deposit or from the bills of any other contract. However, adjustment from security deposit will be made only when the contract has been terminated or at the time of final settlement of bills on completion of work.

28.1.4 In case of slow progress of the work in a section which have been awarded to a particular contractor, and the public interest does not permit extension of time limit for completion of the work, the GMTD, Bhilwara will have the full right to order that the scope of the contractor may be restricted to such fraction of the whole of the work and get the balance executed at the risk and cost of the contractor. The details are given in Rescission of the contract clause of the bid document. All such payments shall be recovered from the contractor's pending bills or security deposit.

28.1.5 The TDM Chittorgarh reserves the right of cancel the contract and forfeits the security deposit if the contractor fails to commence the work with 7 days after issue of the work order.

29. Penalty to damage stores/materials supplied by the department:

29.1 The contractor while taking delivery of materials supplied if any by the Department at the designated

place shall thoroughly inspect all items before taking them over. In case of execution of the work, if

any material is found damaged/working unsatisfactorily, then a penalty equivalent to the cost of material + 10% as penalty shall be recovered from the contractor's payments/securities.



29.2 However, contractor will be not be penalized for any defect in workmanship of the materials, which shall be taken up separately with the supplier of the stores.

30. Rescission/Termination of contract

30.1 Circumstances for rescission of contract :

Under the following conditions the competent authority may rescind the contract

a. If the contractor commits breach of any item of terms and conditions of the contract.

b. If the contractor suspends or abandons the execution of work and the engineer in-charge of the work comes to conclusion that work could not be completed by due date for completion or the contractor had already failed to complete the work by that date.

c. If the contractor had been given by the officer-in-charge of work a notice in writing to comply with the requirement within the specified period.

30.2 Upon rescission of the contract, the security deposit of the contractor shall be liable to be

forfeited and shall be absolutely at the disposal of the BSNL as under:

30.2.1 Measurement of Supply executed since the data of last measurement and up to the date of

rescission of contract shall be taken in the presence of the contractor or his authorised representative who shall sign the same in the MB if applicable. If the contractor or his authorised representative do not turn up for joint measurement, the measurement shall be taken by the officer authorized for this purpose after expiry of due date given for joint measurement. The measurement taken by the officer so authorised shall be final and no further request for joint measurement shall be entertained.

30.2.2The unused material (Supplied by the Department) if any available at site shall be transported back

by the department to the Telecom Store at the risk and cost of the contractor. If any such materials found damaged/lost then the penalty shall also be recovered from the contractor as per conditions in tender documents, ibid.

30.2.4The un-executed work shall be got executed through the qualified bidder from amongst the bidders, who

participated in the bidding process, by giving them offer in their order of ranking (L2) at the rate quoted rates. If the work was awarded on single tender basis then the department shall get the unexecuted

work completed through any other contractor approved in the SSA at the approved rates of that

particular section or to execute the work departmentally, as is convenient or expedient to the

Department at the risk and cost of the contractor. In such a event no compensation shall be payable by the BSNL to the contractor towards any inconvenience/loss that he may be decision of the TDM

Chittorgarh shall be final and binding. In all these cases, expenses which may be incurred in excess of

the sum which would have been paid to the original contractor if the whole work had been executed by

him shall be borne and paid by the original contractor and shall be deducted from any money due to him by the BSNL under the contract or any other account whatsoever anywhere in the department or

from a security deposit.

30.2.5 The certificate of the AGM in-charge of work as to the value of work done shall be final and conclusive against the contractor, provided always that action shall only be taken after giving notice in writing to the contractor.

31. Termination for Insolvency:

31.1 The Department may at any time terminate the Contract by giving written notice to the Contractor,

without compensation to Contractor, If the Contractor becomes bankrupt or otherwise insolvent as

declared by the competent court provided that such termination will not prejudice or affect any right or

action or remedy which has accrued or will accrue thereafter to the Department. 32 Optional Termination by BSNL (Other than due default of the Contractor) :

32.1 The BSNL may, at any time, at its option cancel and terminate this contract by written notice to the

contractor, in which event the contractor shall be entitled to payment for the work done up to the time of such cancellation and a reasonable compensation in accordance with the contract prices for any additional expenses already incurred for balance work exclusive of purchases and/or whole of material, machinery and other equipment for sue in or in respect of the work.

32.2 In the event of the termination of the contract, the contractor shall forthwith clear the site of all the



contractor's materials, machinery and equipment's and hand over possession of the work/operations concerned to the BSNL or as the TDM Chittorgarh may direct.

32.3 The BSNL may, at its option, cancel or omit the execution of one or more items of work under

this contract and may part of such items without any compensation whatsoever to the contractor. 33. Issuance of Notice:

33.1 The AGM in-charge of work shall issue show cause notice giving details of lapses, violation of

terms and conditions of the contract, wrongful delays or suspension of work or slow progress to the contractor directing the contractor to take corrective action. A definite time schedule for corrective action shall be mentioned in the show cause notice. If the contractor fails to take corrective action within the stipulated time frame, the AGM in-charge shall submit a draft of final notice along with a detailed report to the competent authority that had accepted the contract.

33.2 The final notice for rescission of contract to the contractor shall expressly state the precise

date and time from which the rescission would become effective. The following safe guards shall be taken while issuing final notice: a. During the period of service of notice and its effectiveness, the contractor should not be

allowed to remove from the site any material/equipment belonging to the department b. The contractor shall give in writing the tools and plants he would like to take

away/remove from the site. Such of the materials as belong to him and which may not be required for future execution of balance work may be allowed by the AGM in-charge of work to be removed with proper records.

c. No new construction beneficial to the contractor shall be allowed d. Adequate departmental security arrangement in replacement of the contractor watch and

ward shall be made forthwith. Expenses on this account are recoverable from the security deposit or any amount due to the contractor.

34 LIQUIDATED DAMAGES

34.1 The date of the delivery of the Goods stipulated in the contract shall be deemed to be the essence of the contract and delivery must be completed not later than dates specified therein. Should the contractor fail to deliver the Goods or any consignment thereof, within the period prescribed for delivery, the Purchaser shall be entitled to recover Half percent (0.5%) of the value of the delayed supply for each week of delay or part thereof, subject to maximum of five percent (5%) of the value of the delayed supply, provided that the delayed portion of the supply does not in any way hamper the commissioning of portion of the supply materially hampers installation and commissioning of Purchaser's supply, liquidated damages charges shall be levied as above on the total value of the purchase order. Quantum of the liquidated damages assessed and levied by the Purchaser shall be final and shall not be changeable by the contractor. The number of weeks of delay will be reckoned with reference to the due date of delivery of Goods. On any occasion-liquidated damages recoverable exceeds five percent (5%) it shall be open to the Purchaser to cancel the supply order in respect of the portion of the supply remaining incomplete.

34.2 However, the Purchaser may have discretion to grant extension of time limit for completion of the

purchase order, if it is considered to be in the interest of the Bharat Sanchar Nigam Limited to do so, and in such an event liquidated damages are liable to be calculated based on such revised or extended time schedule. If such extension of time limit is granted after any liquidated damages have already become due and realizable, the same shall be recoverable from the contractor. In case whole Goods or part thereof is not delivered even within extended time limit, further liquidated damages become liable and when the total liquidated damages realizable amount to five percent (5%), the Purchaser may, at its option, cancel the purchase order for the portion of the supply still remaining incomplete.

35 . INDEMNITIES:

35.1 The contractor shall at all times hold the BSNL harmless and indemnify from against all action, suits, proceedings, works, cost, damages, charges claims and demands of every nature and descriptions,

brought or procured against the BSNL its officers and employees and forthwith upon demand and without protect or demur to pay to the BSNL any and all losses and damages and cost (inclusive between attorney and client) and all costs incurred in endorsing this or any other indemnity or security which the BSNL may now or at any time have relative to the work or the contractors obligation or in protecting or endorsing its right in any suit on other legal connection with injury damages of the contractor or damage to property resulting from or arising out of or in any way connected with or incidental to the operations caused by the contract documents. In addition the contractor shall reimburse the BSNL or pay to the BSNL forthwith on demand without



protect or demur all cost, charges and expenses and looses and damages otherwise incurred by it in consequences of any claim, damages and actions which may be brought against the BSNL arising out of or incidental to or in connection with the operation covered by the contractor.

35.2 The contractor shall at his own cost at the BSNL request defend any suit or other proceeding

asserting a claim covered by this indemnity, but shall not settle, compound or compromise any suit or other finding without first consulting the BSNL.

36. FORCE MAJEURE:

36.1 If any time, during the continuance of this contract, the performance in whole or in part by either party or any obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes , lockouts or act of God (Herein after referred to as events) provided notice of happenings, of any such eventuality is given by either party have any such claim for damages against the other in respect of such non-performance and work under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of the Department as to whether the work have been so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract.

36.2 Provided also that if the contract is terminated under this clause, the Department shall be at liberty to

take over from the contractor at a price to be fixed by the Department, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in the course of execution

of the contract, in possession of the contractor at the time of such termination of such portions thereof as the Department may deem fit excepting such materials bought out components and stores as the contracts may with the concurrence of the Department elect to retain.

37. ARBITRATION:

37.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with except as to matter the decision of which is specifically provided under this agreement the same shall be referred to sole arbitration of the Chief General Manager, (Rajasthan) or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the Chief General Manager (Rajasthan) or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the Chief General Manager, (Rajasthan) or the said officer is unable or unwilling to act as such to the sole arbitration no or some other person appointed by the Chief General Manager or the said officer, The agreement to appoint an arbitrator will be in accordance with the arbitration and condition Act, 1996 . There will be no objection to any such matter to which the agreement relates or that in the course of his duties as BSNL servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. IN the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such Chief General Manager or the said officer shall appoint another person to act as arbitration in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

37.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and

publishing the award, Subject to aforesaid India Arbitration and Condition Act 1996 and the Rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

37.3 The venue of the arbitration proceeding shall be the office of the Chief General Manager,

(Rajasthan) or such other places as the arbitrator may decide. The Following procedure shall be followed:

37.3.1 In case parties are unable to reach a settlement by themselves, the dispute should be submitted

or arbitration in accordance with contract agreement.

37.3.2 There should not be a joint submission with the contractor to the sole arbitrator.

37.3.3 Each party should submit its own claim severally and may oppose the claim put forward by the

other party.

37.3.4 The onus of establishing his claims will be left to the contractor.

37.3.5 Once a claim has been included in the submission by the contractor, a reiteration or modification



thereof will be opposed.

37.3.6 The "points of defense" will be based on actual conditions of the contract.

37.3.7 Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these are

not contractual.

37.3.8 The question whether these conditions are equitable shall not receive any consideration in the

preparation of "points of defense".

37.3.9 If the contractor includes such claims in his submission, the fact that they are not contractual will be prominently placed before the Arbitrator.

37.3.10The award of the sole Arbitrator shall be final and binding on all the pars to the dispute.

38. SET OFF: Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriated by the Department or the Govt. or any other person or persons contracting through the Govt. of India and set off the same against any claim of the Department or Govt. or such other person or persons for payment of a sum of money arising out of this contract made by the contractor with Department or Govt. or such other person or persons contracting through Govt. of India.

39. The technical Specification of Solar Panal ,Charger Controller & Battery The technical Specification of Solar Panal ,Charger Controller & Battery is available on page 23 & 24


T-83/Tender/Supply/SPV/CTT/2015


SECTION –VII

AGREEMENT

The successful bidder shall have to execute the following agreement :

This agreement made on this .................................... day of (month)....................... (year) .................................................................. between M/s .............................................. ...............

.................................................................................................................. Herein after called "The Contractor" (Which expression shall unless excluded by or repugnant to the context, include its successors, heir, executors, administrative representative and assignee) of the part & the President of India of India here in after referred to as the BSNL, of other part. Where as the contractor has offered to enter into contract with the TDM Chittorgarh for the execution of work ------- ------- ------------------------------------------------------------------- on the terms and conditions herein contained and the rates approved by the TDM Chittorgarh (copy of Rates annexed) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the tender document and whereas no interest will be claimed on the security deposits. Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows. 1. The contractor shall, during the period of this contact that is to say from

.......................................... to .................................or completion of work for Rs ................................. (In words) ................................. whichever is earlier or until this contact shall be determined by such notice as is hereinafter mentioned, safely carryout by means of labours employed at his own expenses and by means of tools, implements and equipment etc. to be supplied by him to his labour at his own expenses, --------------------------------------------- as described in tender documents (annexed to the agreement), when the BSNL or (TDM Chittorgarh) or any other persons authorised by (the SSA Head) in that behalf require. It is understood by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual requirement as demanded by exigencies of service. 2. The NIT (notice inviting tender), Bid documents (Qualifying and Financial), letter of intent, approved rates, annexed hereto and such other additional particulars, instructions, drawings, work orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression "The Agreement” or "Th 3. The contractor shall also supply the requisite number of workmen with means & materials as well as tools, appliances, machines, implements, vehicles for transportation, cartage etc. required for the execution of work within the time prescribed in the work orders. 4. The contractor hereby declares that nobody connected with or in the employment of the BSNL is not/shall not ever be admitted as partner in the contract. 5. The contractor shall abide by the terms and conditions, rules, guidelines, safety precautions etc. stipulated in the tender in document including any correspondence between the contractor and the BSNL having bearing on execution of work and payments of work to be done under the contract. In witness whereof the parties presents have here into set their respective hands and seals the day and year in ................................. Above written : Witness : Signed sealed & Delivered by 1. the above named Contractor in

the presence of. SIGNATURE OF BIDDER WITH SEAL - 25 -


BHARAT SANCHAR NIGAM LIMITED

TELECOM DISTRICT MANAGER CHITTORGARH (RAJ.)

FINANCIAL BID

TENDER FOR SUPPLY OF SOLAR PANELS (SPV’s) for Chittorgarh SSA

TENDER No T-83/Tender/Supply/SPV/CTT/2014-15/05 Dated-00-00-2015

COST OF FORM: Rs. 570/-



PRICE SCHEDULE VIII

TENDER No T-83/Tender/Supply/SPV/CTT/2014-15/05 Dated-17-03-2015

Name of Firm:………………………………………………………… Telephone No………………………………

Qty

Description/

Rates per unit in Rs. Composite

Price

SNo Specification

(3 x4)

of the Items

(In

(In Words)

Figures)

1 2 3 4 5 6

1 Supply of Solar 138

Pannel,Charger

Controller & Battery

Note: Evaluation of the tender will be done on the basis of lowest Total Composite Price.

The rates quoted should be inclusive of all taxes.

DECLARATION

I/We hereby declare that I/We have carefully gone through the terms and conditions of tender

Notice No. ………………………………. them.”

Signature of the bidder with Seal

Note:- 1. Rate should be quoted in BSNL sheet only as specified, otherwise rates will not be

Accepted/Considered 2. Rates per unit including transportation, packing, forwarding etc. should be given.



1. Tender Title : NIT for OFC NOFN Construction

2. Tender Letter No.:T-83/Tender/Supply/SPV/CTT/2014-15/05 Dtd 17-03-2015

3. Product Category : Supply of Solar Panels (SPV’s) for SSA Chittorgarh

4. Sub Category : Supply of Solar Panels

5. Tender Cost : Rs. 1,51,800/-

6. EMD Value : Rs. 3,795/-

7. Tender Document Cost : Rs. 570/-

8. Tender Type : Supply of Solar Panels

9. Type of bidding : Two Bid

10. Location : SSA Chittorgarh

11. First Announcement date & time : Date : 18-03-2015 Time : 11.00 AM

12. Last date & time of Document Sale : Date : 07-04-2015 Time : 16.00 PM

13. Last date & time of Submission : Date : 08-04-2015 Time : 14.30 PM

14. Opening Date :Date : 08-04-2015 Time: 15.00 PM

15 Work Description : OFC NOFN Construction work

16. Pre Qualification if any : -

17. Pre Bid Meet Date : -

Mandatory Information (Must be filled)

Sh K C Sharma , SDE (Plg)

O/o TDM Chittorgarh

M.No. 9414001030

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